The first 24 hours of President Trump’s second term have been newsworthy and eventful—and not in a good way for our immigrant friends and neighbors. We still have a lot to learn and digest, but I wanted to share some initial thoughts here, hoping it helps you and your family think through the next steps.
For Immigrants with Pending Cases
Please know that if you have a case already filed, you are fine. There have been no announced changes to any interpretations of law or policy at USCIS. Certainly, we anticipate changes to policy and we will keep you informed as we learn more.
For All Immigrants
I want to first talk about some smaller topics that may not get a lot of media attention but could severely harm our legal immigration system.
Trump rescinded several immigration-related orders that former President Biden issued. For example, the ICE memorandum that prioritized criminal and recent entrants for removal proceedings is now gone. Now, everyone is treated the same by ICE—regardless of whether you’re a grandmother who has been here for 25 years and is battling cancer or if you’re a young man convicted of sexual assault.
Trump also ordered all federal employees to work in an office—no more work from home—effective immediately. Currently, a large number (exact numbers are unknown) of immigration officers work fully remotely or have a hybrid schedule. Those unable to relocate to where the physical office is will have to resign. When combined with the federal hiring freeze that Trump also implemented, new officers will not be hired and the workload and backlog of immigration cases will continue to grow.
Additionally, one USCIS Service Center—the HART Service Center—is fully remote. There is no physical office for the employees overseeing Humanitarian, Adjustment of Status, Removal of Conditions, and Travel Document cases. Will work on those cases stop immediately while a new office is found and moved into? It is yet to be determined.
The Bigger Issues
Now, for some of the bigger issues that you may be seeing in the news:
Ending Birthright Citizenship
If this executive order actually goes into effect, it will only impact anyone born on or after February 19, 2025. A lawsuit has already been filed and we hope that the courts will pause its implementation until a full hearing can be held on its constitutionality. I strongly believe that this order is 100% unconstitutional and will not go anywhere. But, like Trump’s policies before, this is designed to cause fear and chaos in the immigrant community.
This order impacts two types of births (again, only for those born on or after February 19, 2025):
- Anyone born to an undocumented mother and a father who is neither a lawful permanent resident nor a U.S. citizen at the time of the child’s birth; and
- Anyone born to a mother in temporary status and a father who is neither a lawful permanent resident nor a U.S. citizen at the time of the child’s birth.
For the second group, this would include denying U.S. citizenship where the mother is in deferred action status (e.g. DACA, U waitlist, etc.), has TPS, or is here on a temporary student or work visa.
Regardless of what the courts do regarding this case, all children born in the United States are issued an American birth certificate. I also recommend that if you fall into either of these categories and have a child after February 19, 2025, you apply for their U.S. passport quickly to have a document that attests to their US citizenship.
Asylum and Refugees
This executive order impacts people who are currently outside of the United States. As we know, yesterday, CBP One, the scheduling system for asylum seekers to present their case at the border, was shut down and all future appointments were canceled. This essentially ends the only way an asylum seeker could lawfully enter the United States. My biggest concern now is that human smuggling will increase significantly. When people are desperate to leave a life-or-death situation, they will do whatever they can to get to a place of safety. Instead of waiting for a CBP One appointment, they will now turn to smugglers for help. A lawsuit regarding the end of this program has already been filed.
Trump will also reinstitute the Remain in Mexico program which required asylum seekers to wait in Mexico for their court hearings in the United States. This was a terrible humanitarian crisis last time—people were extorted, raped, and murdered in Mexico while awaiting their court dates in the United States.
Starting January 27, 2025 refugee resettlement will be paused in 90-day increments and likely reduce the number of refugees coming to the US from 100,000 to maybe 25,000.
The Southern Border
Trump declared a national emergency at the Southern border, which is ironic considering border crossings are lower now than they were when Trump left office in 2021. This executive order includes instructions to continue building the wall and sending US troops (exactly who is still to be determined).
For Now
In a future post, we’ll talk about knowing your rights and planning ahead. But, hopefully, this can help you better understand what happened yesterday. Many of our clients aren’t impacted by the announcements, but it certainly sends a chilly warning to the entire world that this is not an immigrant-friendly administration.